BREAKING: Benton Harbor City Comm. rules EFM takeover unconstitutional + more recalls

[kpete]

Source: Daily Kos

BREAKING: Benton Harbor City Comm. rules EFM takeover unconstitutional + more recalls!
byEclectablog

Yesterday, by a vote of 6 to 2, the Benton Harbor City Commission and Mayor declared the appointment of Joseph Harris as the Emergency Financial Manager and his subsequent stripping of the Commission's ability to govern the City unconstitutional.



Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article I §1, which states that all political power is inherent in the people and that government is instituted for their equal benefit, security and protection.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article I §3, which allows the citizens of Benton Harbor the right to petition the government for redress of grievances.

...............

Resolved, The appointment of an Emergency Manager is in direct violation of the Michigan Constitution and therefore demands the removal of said Emergency Manager immediately.

Read more: http://www.dailykos.com/story/2011/05/03/972631/-BREAKING:-Benton-Harbor-City-Comm-rules-EFM-takeover-unconstitutional-+-more-recalls!

---

Heartland Revolution released the following press release:
http://bloggingformichigan.net/HR_PressRelease_May3.doc

...... ... On the heels of the start of the recall effort against Rep. Al Pscholka, I have learned that eight additional state Representatives in Michigan are now being targeted.
http://www.eclectablog.com/2011/05/exclusive-eight-more-michigan-state.html
http://www.eclectablog.com/2011/04/recall-of-michigan-congressman-al.html

[Poll_Blind]

1. Sweet!

PB

[aquart]

2. Nice. Now what?

[Vincardog]

14. Now prepare charges against the a$$hat$

[Scuba]

3. Can't wait for the 5-4 SCOTUS ruling.....

...but good on the People of Benton Harbor.


When our public institutions are broken, we should fix them, not turn them over to corrupt capitalists.

[valerief]

16. Like fix public schools instead of letting charter schools plunder the Treasury. nt

[Scuba]

17. Exactly!!!

[Wednesdays]

47. +1000

nt

[freshwest]

20. Classic about corruption, which will be shamelessly snagged by me...

[happyslug]

42. This is a STATE constitutional issue, the US Supreme Court can NOT hear it.

Since this is a STATE Constitutional Issue, it is up to the COURTS of Michigan to rule on the issue, whenever Benton Heights petitions the court to remove the Emergency Financial Manager.

[Bandit]

50. When you say "we" do you mean the Emergency managers?

because if it gets to the Extreme Court and their five-four majority of Wingnuts that is who "we" is going to be.

[Uncle Joe]

4. Kicked and recommended.

Thanks for the thread, kpete.

[Skip_In_Boulder]

5. O.K. So what are they going to do about it? n/t

[Drale]

6. Did the fucker actually think people would just lye down and take it?

[formercia]

13. He thought he would be met with flowers and candy

just like the NeoCons described how we would be welcomed in Iraq.

It didn't quite work out that way.

[AldebTX]

7. It Will Be Interesting

To see where this goes. I am glad they just did not roll over and give in to the EM.

[Me.]

8. Of Course It's Unconstitutional

You can't overturn elections willy nilly. I'm surprised it's taken so long for that shoe to drop.

[Judi Lynn]

9. Perfect! And 8 more Republican Reps. to be targeted, as well. Full speed ahead. K & R. n/t

:kick: :kick: :kick: :kick:

[freshwest]

22. How does the recall process work in Michigan? We need to..

:kick:

Them all out!

[Dappleganger]

10. Good for them!

Looking forward to this FIGHT.

[socialist_n_TN]

11. VERY GOOD! This is what I've been advocating for...........

since I heard about this. The local, duly ELECTED officials have to stand up to this fascist takeover and LEAD! Dual government and see who the PEOPLE look to for leadership.

Now the PEOPLE of Benton Harbor need to make themselves heard. Protests, demonstrations, strikes, and electoral actions. Be LOUD, ROWDY, and IMPOLITE! Get out in the streets and vote with your feet and your actions. SUPPORT YOUR ELECTED OFFICIALS, not the appointed fascists! If taking away your elections isn't enough to make you ANGRY, what will?

[denek14]

15. SCOTUS Ruled....

In 2000, unconstitutionally taking the Gore vs Bush case, the SCOTUS thugs went further against the Constitution when they ruled the people do not have the right to have their vote counted. We can vote all we want, but they can, or don't have to, be counted. Of course, they also said their decision could not be used as a precedent one. I guess that was covering their ass as they knew it was a wrong decision, but it certainly had a lot to do with the demise of our Democracy

[Dappleganger]

43. Great first post...

and welcome to DU!

:hi:

[denek14]

65. Thanks - Just Attempting to Get People Motivated to Regain Our Democracy

[freshwest]

23. X 1,000

[Fuddnik]

12. Who are the two assholes on the Council who voted against it?

More recall meat!

[LiberalFighter]

19. Question also is why did the two bother to vote if they thought

it was not unconstitutional and okay for someone to shut down the city council?

[freshwest]

25. They were expecting graft from the taxover?

[freshwest]

24. Time for a summer BBQ.

[Dont call me Shirley]

18. Congrats to the 6. Who were the 2 that voted against democracy?

[freshwest]

26. Wish I knew. Welcome to DU.

[freshwest]

21. Time to flip the pyramid upside down, on top of these thieves. Awesome news and hope it works...

[thereismore]

27. YES! Of course it is unconstitutional! nt

[Casandia]

28. AND there is a rally on Saturday at noon in Benton Harbor!

I posted an article from Dailykos about HOW Benton Harbor and other cities can fight back.

[Casandia]

30. OOPS - streets are closing at 10:30....get there early!

[freshwest]

59. How about occupying the public park so they can't turn it over the developers?

It would be peaceful resistance. The thieves may sneak barriers to prevent the public using the public beach along the lake. Just sayin'

[Fire Walk With Me]

29. Tea baggers claim to want to end big government, but financial martial law is the worst of that kind

of thing...government grabbing everything, telling everyone what to do...reeks of what they're supposed to be against.

And republicans CREATED the financial crisis in the first place. Reeks of disaster capitalism!

[alp227]

31. Good for them, but this looks to me just like a nonbinding resolution

it'll take a court ruling to put the financial manager hiring on hold, really.

And I wonder where the "get the government off my healthcare" Tea Party is over this mess?

[erinlough]

33. Tea baggers are totally in support of the financial manager and...

Are spamming all the Recall Snyder websites. See, they are really bigots who hate Obama because he is black, so whatever Benton Harbor gets is O.K. With them. And I say that as someone who is white and knows these people and lives here.

[liberal N proud]

32. One little bite out of fascism

[guruoo]

34. So what will the Governor do now? Cut state funding, send in the National Guard? nt

[Odin2005]

35. JUSTICE!!!!!!!!!

[buddysmellgood]

36. That they thought this was a good plan says all you need to know about Republicans.

[Clouseau2]

37. Not to get all nit-picky

But since when does a city commission and a mayor get to declare that actions by the governor are "unconstitutional?"

I thought that's what courts were for.

[demwing]

44. Yeah...thats a little bit of a nit pick

But no worries...

The Council and Mayor can declare anything they like, and ignore EFM, forcing the Gov to either go to the courts himself, or send in the National Guard.

I don't want violence, but I truly hope the Governor is stupid enough to actually send in the troops and make political martyrs out of these 7.

On edit - make that the Benton Harbor 7. Sounds like a gang of freedom fighters :)

[Canuckistanian]

54. When those actions disenfranchise the whole town government, that's when

And nobody's "declaring" anything. They're just DEFENDING their right to govern as their citizens voted. They never conceded those rights at any time.

[Courtesy Flush]

38. But wait. Republicans protect us from big government. nt

[LiberalFighter]

39. They should run the guy out of town.

[socialist_n_TN]

51. Yep. It can't be that big of a burg. They should know where

he is at all times, IF he's in town. Show up and get in his face everywhere he goes.

[MoonRiver]

40. We the People..

will NOT lay down and be stomped on.

[earcandle]

41. Yeah! Posted at my new Noodle Brain Blog!

[EC]

45. So what now?

do they sue or what? Since they no longer have any authority, where do they take this and aren't the courts there leaning right?

[tcaudilllg]

57. They assert their authority and ignore the viceroy.

NO TAXATION WITHOUT REPRESENTATION.

[MichiganVote]

46. K&R

[Bill USA]

48. recommended. finally, somebody is fighting the totalitarianism of the right.

Ignorance and totalitarianism fit like a hand in glove.

[Auggie]

49. Yes!

[suffragette]

52. K&R

[senseandsensibility]

53. kick for those that haven't seen it

Very good news.

[SharonRB]

55. Great, but now what?

As far as Snyder is concerned, the city commission and mayor are no longer in power. This is going to get real interesting very quickly. I'm glad they're doing it.

Hope the recalls are all successful, and I can't wait for Snyder's recall as well.

[socialist_n_TN]

56. As I said in my post, protests, demonstrations, strikes........

work slowdowns and all of it ROWDY, LOUD, and IMPOLITE. This has to be local. The people of that community need to look to their ELECTED leaders for guidance and RESIST the fascist occupying powers.

It's called dual government and the Bolsheviks used it during the period between the February revolution and the October revolution. The PEOPLE in Russia followed the Soviets (the worker's councils) and NOT the appointed governmental authorities. What will the people of this community do?

[Doctor_J]

58. This seems mostly symbolic

Snyder and the SA are going to take over the city anyway, regardless of what the council says. By appointing an emergency :rofl: manager, Snyder was saying that the council no longer had any say in the matter anyway. So their ruling won't have any effect.

[bertman]

60. Proud to be the 200th REC. nt

[lonestarnot]

61. Best thing I've looked at all day next to my child and animals!

K & R!

[girl gone mad]

62. Awesome!

[StarsInHerHair]

63. K&R

nt

[pacalo]

64. Good! They've provided the state law that sets the constitutional boundaries & could

take it to a court of law, if necessary.

These radical teabaggers. Enough to make your head spin. :crazy:

[Action]

66. Fire Gov. Snyder!

We can do this. www.firericksnyder.org

[Vidar]

67. Bravo Benton Harbor!

[myrna minx]

68. K&R n/t

[Snoutport]

69. k nd r right on back to the topl...just so nobody misses it!